- 11 U.S.C.
First National Bank of Omaha v. Myers (In re Myers)
Sep
07
2010
Ruling
Credit card debt incurred while debtor was delinquent on 14 other credit accounts was nondischargeable.
Procedural posture
Plaintiff creditor bank sought an exception to discharge for a portion of defendant debtor's revolving credit account, pursuant to 11 U.S.C.S. § 523(a)(2)(A). At issue was whether the debtor knew, or should have known at the time she made the purchases that she lacked the ability or the intent to repay the debt, and whether she acted either with the intent to deceive the creditor or with reckless indifference to the truth of her representations.
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- 11 U.S.C.
In re Garner
May
28
2010
Ruling
Bank's refusal to allow account to be closed prior to petition date resulting in postpetition overdraft charges did not violate stay.
Procedural posture
The creditor bank was ordered to appear and show cause why it should not be found to have violated the automatic stay and be subject to monetary sanctions. The issue was whether creditor bank violated the stay by not allowing the debtors checking account to be closed on a date prior to the filing of the petition, which resulted in the accumulation of postpetition overdraft charges and miscellaneous fees totaling $537.71.
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Court
:
- 11 U.S.C.
Hamilton v. Bogardus (In re Crawford)
Mar
10
2010
Ruling
Trustee's timely motion to amend fraudulent transfer complaint to substitute claim for preferential transfer granted.
Procedural posture
Chapter 7 trustee moved for leave to file an amended complaint to make a claim against defendant for recovery of a preferential transfer under 11 U.S.C.S. § 547 rather than the claim for recovery of a fraudulent transfer under 11 U.S.C.S. § 548 contained in the original Complaint. Defendant objected.
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- 11 U.S.C.
Williamson v. Imperial College of Sci. Tech. & Med. (In re Flores)
Feb
25
2010
Ruling
Bankruptcy court did not have jurisdiction over British college for purpose of avoidance proceeding.
Procedural posture
Plaintiff trustee filed an adversary proceeding against defendant, which was a college located, at least primarily, in London, England. The trustee alleged preferential transfers under 11 U.S.C.S. § 547, fraudulent transfers under 11 U.S.C.S. § 548. The college moved to dismiss for lack of personal jurisdiction, Fed. R. Civ. P. 12(b)(2).
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Court
:
- 11 U.S.C.
Buckland v. Education Credit Mgmt. Corp. (In re Buckland)
Feb
12
2010
Ruling
Undue hardship discharge of student loan debt denied where debtor sought only management positions after losing job.
Procedural posture
Plaintiff chapter 7 debtor filed an adversary proceeding against defendant creditor, seeking a determination that student loan debt he owed the creditor was dischargeable under 11 U.S.C.S. § 523(a)(8) because requiring him to repay the debt would have imposed an undue hardship on him. The case was tried to the court.
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:
- 11 U.S.C.
Wieland v. Viles (In re Viles)
Jan
19
2010
Ruling
Atypically large credit card charge incurred 70 days prior to petition date was nondischargeable.
Procedural posture
In two adversary actions, plaintiff United States trustee brought a complaint to deny defendant debtors a discharge pursuant to 11 U.S.C.S. § 727(a)(2) and (4). Plaintiff creditor bank sought to deny defendant debtors a discharge of a single debt incurred on a $23,000 cash advance on a credit card, pursuant to 11 U.S.C.S. § 523(a)(2) and (6).
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:
- 11 U.S.C.
In re Bryant Manor LLC
Jan
07
2010
Ruling
Loan servicer excused from compliance with turnover requirement.
Procedural posture
The debtor moved to use cash collateral, for removal of receiver, for an accounting, and for turnover of real property, cash collateral and books and records, The loan servicer, representing the secured lender, filed an emergency motion to excuse compliance with 11 U.S.C.S. § 543(b). The issue was whether assigned rents were properly classified as property of the estate under 11 U.S.C.S. § 541(a)(1).
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Court
:
- 11 U.S.C.
In re Curry
Dec
23
2009
Ruling
Plan confirmed over objections of trustee to homestead exemption.
Procedural posture
This matter was before the court on the Chapter 13 Trustee's Objection to Confirmation of Debtors' Plan and Motion to Dismiss. Both asserted that the plan did not meet the best interest of creditors test. The Trustee also filed an Objection to Debtors' Claim of Exemptions in real estate located in Pleasanton, Kansas. The court heard the evidence and was prepared to rule.
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Court
:
- 11 U.S.C.
Reynolds v. Phillips (In re Phillips)
Oct
16
2009
Ruling
Costs awarded to creditor in proceeding establishing nondischargeability of damages for assault.
Procedural posture
Plaintiff creditor brought a motion for relief from judgment, which the court construed as a motion to retax the costs incurred in the litigation under Fed. R. Bankr. P. 7054(b) and D. Kan. R. 54.1(a), of his adversary claim against the debtor to determine the dischargeability, under 11 U.S.C. § 523(a)(6), of a judgment awarded for an aggravated battery.
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Court
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In re Self
Sep
11
2009
Ruling
Debtors ordered to file amended schedule due to alleged substantial increase in income.
Procedural posture
A bankruptcy trustee asserted that, shortly after bankruptcy debtors' chapter 13 plan was confirmed, the debtors' income substantially increased based on one debtor's new employment, and that such increase in income warranted an increase in the debtors' payments under the plan. The trustee moved to modify the debtors' plan.
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